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Delhi High Court disposes off plea to make marital rape a ground for divorce

The court said it cannot frame laws as it is the domain of the legislature and not the judiciary and asked the centre to look into the matter.

delhi Updated: Jul 10, 2019 06:11 IST
HT Correspondent
HT Correspondent
Hindustan Times, New Delhi
delhi high court,marital rape,marital rape divorce
A bench of Chief Justice DN Patel and Justice C Hari Shankar refused to pass any order and asked the Centre to look into the issue. (Photo: Pradeep Gaur/ Mint)

The Delhi High Court on Tuesday disposed of a plea seeking directions to the Centre to make marital rape a ground for divorce. The court said it cannot frame laws as it is the domain of the legislature and not the judiciary.

A bench of Chief Justice DN Patel and Justice C Hari Shankar refused to pass any order and asked the Centre to look into the issue.

The court was hearing a plea by advocate Anuja Kapur, who said there should be clear guidelines for the registration of cases related to marital rape so that accountability, responsibility and liability of the authorities concerned can be fixed.

The petition was earlier filed in the Supreme Court. She then filed it in the Delhi High Court after the apex court refused to entertain it and asked her to approach the high court for relief.

In her plea, she had sought direction to the government for fixing appropriate punishment and penalties for violation of the guidelines and laws.

“Marital rape is no less an offence than murder, culpable homicide or rape per se. It denigrates the honour and dignity of a human being, and reduces her to a chattel to be utilised for one’s self convenience and comfort. It reduces a woman to a corpse, living under the constant fear of hurt or injury. Medical evidence proves rape has severe and long-lasting consequences for women,” the plea read.

A detailed order is yet to be uploaded on the Delhi High Court website.

First Published: Jul 10, 2019 06:11 IST